VIVEK AGARWAL,J. - (1.) Heard Sri Neeraj Shukla, counsel for the petitioner and Sri Arun Kumar, counsel for the respondents.
(2.) Petitioner has filed this petition claiming therein that petitioner was earlier working in Junior High School, Shastrinagar, Block-Pooranpur, District-Pilibhit on 11.05.2011. On 27.05.2013, State Government issued a transfer policy for transferring the teachers of the Institutions run by Basic Shiksha Parishad in pursuance of the transfer policy dated 27.05.2013. Petitioner was transferred to District- Fatehpur vide order dated 11.07.2013. It is petitioner's contention that he was informed by the District Basic Education Officer, Fatehpur that the batchmates of the petitioner functioning in the District-Fatehpur at that time were not promoted and, therefore, petitioner has to go to his district from where he was transferred or he will have to work on a demoted post as an Assistant Teacher available at that time in district-Fatehpur. Petitioner in para-10 of the writ petition has mentioned that he was left with no other option but to approach his district i.e. Pilibhit for the required order as per the direction issued by the District Basic Education Officer, Fatehpur. Petitioner's contention is that since transfer has been made in terms of the policy, therefore his Grade-pay could not have been reduced from Rs.4600 to Rs.4200. Petitioner is entitled to pay protection.
(3.) In support of this contention, petitioner has placed reliance on the order dated 06.12.2018 passed in Writ-A No.25804 of 2018 and order dated 08.08.2019 passed inn Writ-A No.14899 of 2019 and has sought a relief that he be paid salary with Grade-pay of Rs.4600 as he was getting before his transfer to District-Fatehpur.;